Terms and Conditions of Use

IMPORTANT: These terms and conditions (“Terms”) relate to use of this website at www.weeatelephants.com/ https://weeatelephants.llttf4.com/ (“Site”) and delivery of resources by us, Five Areas Limited, to you as the Site user, whether as a guest or a registered user (our “Service”).

Please read these Terms carefully before you start to use this Site. We may at any time modify these Terms and the use of this Site will be conditional upon you agreeing to the terms in force at the time.

“We/our/us” refers to Five Areas Limited, a company registered in England and Wales under Company Number 06420019 with our registered office at 49 Norwood Grove, Harrogate, HG3 2XL.

Site Operator

This Site is hosted, run and maintained by us. The content and materials on this Site have been written by Dr. Chris Williams and are protected by copyright and delivered under licence.

Our contact details:

General terms and conditions for use of Site

By using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Site and Service or using any resources from it.

If you choose to register to create an account (“Account”) with us, our contract with you (“Contract”) is formed when you submit your online application and is comprised of your online application, and these Terms. Please note we reserve the right at our discretion to reject applications to use our Site.

If you are in material breach of the Contract and should you fail to remedy the breach within the timescale we request, or the breach is not capable of being remedied, we shall be entitled to terminate the Contract with you and we shall not be obliged to refund any fees you may have paid us.

Accessing our Site

Access to our Site is permitted on a temporary basis, except in relation to paid for content, and we reserve the right to withdraw or amend the service we provide on our Site without notice except where this would breach our Contract with you. We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or our entire Site, to all users whether guests or registered users.

If you choose, or you are provided with, a user identification code (such as a code or password) or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time, if in our opinion you have failed to comply with any of the provisions contained within these Terms.

If you discover any unauthorised use of the Site you must promptly let us know.

Intellectual Property Rights

Except where otherwise noted, the content and materials provided as part of the Service have been written by Dr. Chris Williams, are owned by Five Areas Resources Limited, are protected by copyright and are produced under licence. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

Some materials available as part of the Service are interactive, and you will retain all right, title and interest in relation to the data that you provide to us in the course of using the Site and have sole responsibility for the legality, accuracy and quality of that Data. You agree that any such data may be accessed and used by us for research and evaluation purposes. Please see “Data Protection” below with regard to how we use any personal information you provide to us.

You may print off one or more copies of any worksheet materials available from the Site for your personal reference or clinical use.

You must not modify the paper or digital copies of any worksheet materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphic separately from any accompanying text.

As a registered Account holder you may read the books online if you subscribe to this feature but not print or save any books available from the Site.

You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us. If you wish to use any of our materials for purposes related to providing commercial health services, health insurance, professional employment services or any other commercial service please contact us at admin@fiveareas.com

Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.

Data Protection

All personal information you provide to us will be treated in accordance with the Data Protection Act 1998.

Your details are provided to us for the purposes as set out in our privacy policy (available from a link on the home page of the Site).

You agree that where you have given your express consent, your nominated support worker or practitioner may access any data that you have provided on the Site.

If you have any queries about our use of your personal information, please look at our Privacy Policy or contact us using the details shown at the beginning of these Terms.

Payment and Refund

Signing up as a member to our Site is free of charge, but if you choose to subscribe for additional paid for online services or resources it will be clear before you purchase such resources the applicable price and terms of payment. Payment will be processed by credit card (or similar card) via a trusted third party payment provider.

Descriptions of our subscription packages can be found on the Site. If you subscribe to a service, payments for that subscription must be made for the subscription to remain in effect.

Text alerts may be provided as part of the paid for element of the Service. You can top up your site text balance on top of those batches of text you may receive as part of any paid subscription. Text message credits are currently charged at the rate stated on the Site. Texts remain valid for up to 12 months from the date of purchasing such texts.

Each automated alert sent by the system will debit your site text balance by one text message credit per message sent, except where messages extend beyond 160 characters, whereby multiple message credits may be required to process the text alert. It is your responsibility to ensure that your site text balance is in credit. If your site text balance falls below the balance required to process the alert before you top-up the balance again, no reminder will be sent.

The text messages are sent through a Tier 1 mobile services aggregator that has direct level connection into each UK mobile network operator.

We retain the right to revise our prices from time to time. Our prices will be as displayed on the website www.weeatelephants.com/ https://weeatelephants.llttf4.com/ or such website as we may designate. If you subscribe to a subscription plan you will be advised of any increase in subscription fees at least 30 days in advance of such increase. If you do not cancel your subscription before the increase in subscription fees takes effect, you will automatically be charged the new monthly subscription fee.

After payment is taken you have a legal right to change your mind within 14 days and receive a refund. You can cancel by contacting accounts@fiveareas.com requesting cancellation. All refunds shall be made to the payment card or third party payment provider that you used to make the original payment, minus an administration fee to cover the cost of processing the refund. If you cancel after commencing use of the subscription services, you must pay us for any services and texts provided up until the time of cancellation. For any unused texts you may still have at the date of cancellation, we will refund your remaining site text balance minus the administration fee. You can cancel your subscription at any time and your subscription payment will not renew. You do not have a right to change your mind in respect of digital products after you have started to download or stream these, or where you have accessed any features on the Site that you have paid for. If we deliver the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

Digital content we provide to you must be as described, fit for purpose and of satisfactory quality:

if your digital content is faulty, you’re entitled to a repair or a replacement.

if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

Disclaimer of Warranty

Five Areas Limited is providing this Site and its contents and resources on an “as is” basis. We make no representations or warranties of any kind, either express or implied, including without limitation, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, warranties of non-infringement or that the Site or the server on which it is hosted is free from viruses or bugs or regarding the functionality, accuracy or reliability of the Site.

Although we believe the content and resources on our Site to be accurate, complete and current, we do not represent or warrant this. In particular, while we believe that many users will find them beneficial, no assurance or warranty is given regarding the applicability of these materials in relation to particular circumstances or that users will always receive benefit from their use. Use of content and resources from the Site is not intended to be a substitute for direct consultative advice from a doctor or other qualified healthcare professional. Please note that the content is written from the perspective of a user living in the UK.

We reserve the right to make alterations and corrections to the information contained in the Site at any time without notice.

We will use reasonable endeavours to provide our services in an accurate and timely manner and will use reasonable effort to maintain the availability of our services for you. We cannot be held responsible for any downtime or difficulties in accessing our services or for delays in or inability to send messages where the fault is with your network provider.

Disclaimer and Limitation of Liability

Whilst the advice and information contained in the materials and resources available on the Site are believed to be accurate, Five Areas Limited does not accept any legal responsibility or liability for any errors or omissions that may be made. In addition we disclaim all liability and responsibility arising from any reliance placed on such materials and resources (including any email support we provide to you).

In no event shall Five Areas Limited, Five Areas Resources Limited, nor Dr. Chris Williams, be liable for direct, indirect or consequential loss or damage arising out of or in connection with the use, copying or display of the contents of this Site whether caused by negligence, breach of contract or otherwise. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or any other liability which cannot be excluded by law.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen. Except for liabilities we have expressly not excluded, our total aggregate liability (and that of Five Areas Resources and/or Dr. Chris Williams) arising under the Contract or otherwise relating to the Site shall be limited to £100.

We accept no responsibility for any loss, direct or indirect, as a result of:

Messages not sent as a result of insufficient site text balance; or

Messages delayed or nor received where your network provider is at fault.

Links

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility from them or for any loss or damage that may arise from your use of them.

Complaints & Notices

We aim to provide a high level of customer service. If you have any complaint about the service you have received from us, please contact us at admin@fiveareas.com or write to our office, details of which are provided at the beginning of these Terms.

Severability

If any part of these Terms is found to be unenforceable as a matter of law, the enforceability of any other part of these Terms will not be affected.

Language, Governing Law and Jurisdiction

These Terms are governed by the law of Scotland and the Scottish courts shall have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.